Definitions
In these terms and conditions, the following words and phrases shall have the meanings set out beside them, unless the context indicates otherwise:
- User: Refers to any person who accesses or uses our platform, whether registered or not.
- Content: Pertains to any material, including but not limited to text, graphics, images, and multimedia, made available on scented.ai.
- Account: Represents the registered profile of a user, complete with login credentials and personal settings.
- Service: Refers to all the functionalities, tools, resources, and information provided by scented.ai.
- Third-party: Any individual, company, or entity that is not directly affiliated or owned by scented.ai.
- Platform: Refers to the scented.ai website, mobile application, or any other digital interface where scented.ai is accessible.
- Review: A user's written or multimedia feedback or commentary about a specific perfume or related product.
- Pro Subscription: A paid subscription tier that unlocks additional features on the platform, including additional recommendations, magic searches, and custom lists without limits.
- RevenueCat: A third-party subscription management service used by scented.ai to manage Pro subscription entitlements, billing cycles, and purchase validation.
By understanding these definitions, users can better grasp the terms and conditions set forth in this document. If any terms within this document are unclear, please refer back to this section or contact our support team.
Minimum Age
Our Service is available exclusively through the Apple App Store and Google Play, both rated for users aged 16 and over. By downloading and using our app, you confirm that you are at least 16 years old.
We do not knowingly collect personal data from users under 16. If we become aware that a user under 16 has registered, we will promptly delete their account and associated personal data. To report a potential underage account, contact us at support@scented.ai.
User Registration
- Process: To access certain features and services, users may be required to register and create an account. During registration, users will be prompted to provide specific personal information to set up their profile.
- Information Required: Email Address, Password, Username, Country of Residence. Gender is optional — you may select "don't want to answer".
- Data Collection and Use: We collect personal data about our users only when it is absolutely necessary. Data is collected for providing service enhancements, processing transactions, and improving user experiences.
- Account Security: Users are responsible for maintaining the confidentiality of their account information, including their password. Any activities under a user's account will be deemed to have been done by the user.
- Account Modification: Registered users can edit or update their profile details at any time through the settings option in their account.
Note on Sign in with Apple: If you sign in using Sign in with Apple, Apple may provide a private relay email address in place of your real email address. We will use this address solely to communicate with you and manage your account.
Note on Sign in with Google: You may register or sign in using Google Sign-In. By doing so, you agree to Google's Terms of Service in addition to ours.
Use of the Service
- General Use: By accessing and using scented.ai, users agree to use the Service in accordance with these terms and conditions and any applicable laws and regulations.
- Acceptable Conduct: Users are expected to interact with the platform and other users in a respectful and courteous manner. Misrepresentation, harassment, spamming, or any form of deceptive behavior is strictly prohibited.
- Content Interaction: Users are free to browse, comment on, and share the content available on scented.ai. Abusive, discriminatory, or inappropriate comments are not allowed and may result in penalties, including account suspension.
- Intellectual Property: All content, designs, logos, and other materials provided by scented.ai are the property of scented.ai or its licensors. Users may not reproduce, distribute, modify, or use such content without explicit permission.
- Service Availability: scented.ai does not guarantee uninterrupted access and may temporarily or permanently suspend access without notice for maintenance, updates, or due to unforeseen circumstances.
- Third-Party Interactions: scented.ai may integrate or offer links to third-party services. scented.ai is not responsible for the content, products, or services of these third parties.
- Limitations: scented.ai reserves the right to limit or restrict access to certain features, tools, or sections of the platform based on user behavior, account type, or for other reasons deemed appropriate.
- Updates: From time to time, scented.ai may release updates or new features. Users are encouraged to keep their applications updated to enjoy the full range of services offered.
Intellectual Property Rights
- Ownership of scented.ai Content: All content present on scented.ai, including but not limited to text, graphics, logos, designs, and software, is the intellectual property of scented.ai or its licensors and is protected by international copyright, trademark, and other intellectual property laws. Unauthorized use, reproduction, or distribution is strictly prohibited.
- User-Generated Content:
- Reviews: By submitting a review, users grant scented.ai a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, display, adapt, and distribute the review across its platforms and channels.
- Photos: When users upload photos of perfumes, they grant scented.ai a similar license to use, display, and distribute these photos. Users must ensure they have the rights to any photo they upload.
- User Representations: By submitting any content to scented.ai, users represent and warrant that they are the original author or have obtained the necessary rights, and that the content does not infringe upon the rights of any person or entity.
- Protection of Intellectual Property: scented.ai respects the intellectual property rights of others and expects its users to do the same. Any user found to be infringing upon the intellectual property rights of others may face penalties, including removal of infringing content and account suspension or termination.
- Reporting Infringements: If users believe that their intellectual property rights have been infringed upon by content on scented.ai, they should promptly contact our support team with a detailed complaint.
- Our mobile application primarily provides information generated by our proprietary algorithms. Additionally, we present data collected from official websites and other publicly accessible sources for informational purposes. We do not claim ownership of this content. If you believe that any content infringes upon your copyright, please contact us directly.
User Review Aggregation Disclaimer
Our service aggregates and displays user reviews collected from across the internet. The ratings and reviews reflect the collective opinions of the public and are presented as an aggregated score to assist users in making informed decisions. We do not independently assess each product; therefore, the views and ratings displayed do not constitute our endorsement or evaluation of the quality or value of any perfume.
Third-party Links and Services
- Affiliate Program Integration: scented.ai incorporates an affiliate program that provides users with links and suggestions on where they can purchase perfumes. These links direct users to third-party websites and platforms.
- Disclaimer: scented.ai does not control or oversee the content, products, or operations of these external websites and is not responsible for their accuracy, compliance, legality, or any other aspect.
- User Responsibility: Users are encouraged to exercise caution and discretion when accessing third-party links and to review the terms of service and privacy policies of third-party sites before making any purchases.
- Affiliate Commissions: scented.ai may earn commissions from qualifying purchases made by users when they access and buy products through the provided third-party links.
- No Endorsement: The inclusion of third-party links on scented.ai does not imply endorsement, sponsorship, or association with these third parties.
Subscription and Billing
- Pro Subscription Plans: scented.ai offers a Pro Subscription on various billing cycles. Pro subscribers gain access to additional features including extra recommendations, magic searches, and custom lists without limits. Available billing cycles and pricing are displayed in the app at the time of purchase.
- Payment Processing: Payment will be charged to your iTunes Account (Apple ID) or Google Play Account at confirmation of purchase. scented.ai does not collect or store payment card information.
- Subscription Management via RevenueCat: We use RevenueCat to manage subscription entitlements, billing cycles and purchase validation. RevenueCat receives your App User ID, store platform, billing country, and purchase receipt data. RevenueCat does not receive your payment card details.
- Renewals: Subscriptions automatically renew at the end of each billing cycle unless auto-renewal is turned off at least 1 hour before the end of the current period.
- Cancellation: Auto-renewal may be turned off at any time through your Account Settings (App Store or Google Play). Cancellation takes effect at the end of the current billing period. Please note: deleting your scented.ai account does not automatically cancel your subscription.
- Billing Records: Transaction IDs, purchase receipts, and billing records are retained for a minimum of 7 years from the transaction date as required by applicable tax and accounting laws. These records may persist after account deletion.
- Refunds: All refund requests are handled by Apple or Google in accordance with their respective refund policies. scented.ai does not process refunds directly.
- EU Right of Withdrawal: If you are a consumer in the EU or EEA, you have a statutory right to withdraw from a purchase within 14 days. However, by starting your Pro subscription immediately upon purchase, you expressly request immediate commencement of the service and acknowledge that you lose your right of withdrawal once the service has commenced.
Pioneer Members
Users who registered a Scented.ai account before the release of version 1.2.0 ("Pioneer Members") are granted unlimited perfume collections as a thank-you for their early interest and support.
This benefit is awarded at our discretion and is personal to the registered account. It is non-transferable and does not apply to new accounts created after the release of version 1.2.0.
We reserve the right to modify or discontinue Pioneer Member benefits for legitimate operational, legal, or commercial reasons. Where we intend to reduce or remove a benefit, we will give Pioneer Members at least 30 days' prior notice by email or in-app notification before any such change takes effect.
Data Protection and Privacy
We prioritize the privacy and protection of our users' data. For full details on what data we collect, how we use it, your rights, and our third-party integrations, please review our Privacy Policy.
Key points:
- We collect only data that is necessary to provide and improve the Service.
- We use PostHog for analytics, RevenueCat for subscription management, and Google Sign-In for optional authentication. Each processor operates under a Data Processing Agreement with us.
- All data transmitted between your device and our servers is encrypted using TLS. Personal data is encrypted at rest.
- You have rights of access, correction, deletion, portability, restriction, and objection. To exercise any of these rights, email support@scented.ai.
- Our core service uses automated profiling to generate personalised scent recommendations. You have the right to object to this profiling at any time.
Disputes and Applicable Law
- Informal Resolution: Before initiating any formal dispute resolution proceedings, users are encouraged to contact scented.ai at support@scented.ai to try and resolve the matter amicably.
- Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Serbia.
- Jurisdiction: Subject to clause 4 below, the competent courts of the Republic of Serbia (seated in Novi Sad) shall have jurisdiction over any disputes or claims arising from these Terms and Conditions.
- Consumer Rights: If you are a consumer residing in the EU, EEA, Serbia, or any other jurisdiction with mandatory consumer protection legislation, you retain the right to bring claims before the courts of your country of residence.
Limitation of Liability and Disclaimers
- Disclaimer of Warranties: The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, either express or implied.
- Cap on Liability: To the maximum extent permitted by applicable law, Scented.ai's total liability to you for any claim shall not exceed the greater of: (a) the total amount you paid to Scented.ai in the 12 months immediately preceding the claim; or (b) €50.
- Exclusion of Consequential Damages: Scented.ai shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with these Terms or your use of the Service.
- Recommendations Disclaimer: Scent recommendations are provided for informational and entertainment purposes only. Scented.ai is not liable for any adverse reactions arising from the use of any perfume or product recommended through the Service.
- Third-Party Services: Scented.ai is not liable for the content, accuracy, availability, or practices of any third-party website, service, or platform linked to or integrated within our platform.
- Consumer Rights: Nothing in this section excludes or limits any rights you have under mandatory consumer protection laws applicable in your country of residence.
Updates to these Terms and Conditions
- Right to Update: scented.ai reserves the right to modify, amend, or revise these Terms and Conditions at any time.
- Notification: Whenever significant changes are made, scented.ai will make reasonable efforts to notify users through a mandatory in-app notice on first launch following the update, or via email.
- Effective Date: Changes to the Terms and Conditions will become effective immediately upon being posted on the platform, unless otherwise stated in the notice.
- Acceptance: Continued use of the scented.ai platform after any changes to these Terms and Conditions will constitute acceptance of the modified terms.
- Archival: scented.ai will endeavor to keep an archive of previous versions of these Terms and Conditions, which can be made available upon request.
- Queries: Users with concerns or questions regarding any changes are encouraged to contact scented.ai's support team.
General Provisions
- Severability: If any provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable, that provision shall be deemed modified to the minimum extent necessary. Any such invalidity shall not affect the remaining provisions.
- Entire Agreement: These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and scented.ai with respect to your use of the Service.
- Assignment: You may not assign or transfer any of your rights or obligations under these Terms and Conditions without our prior written consent. scented.ai may assign its rights in connection with a merger, acquisition, or sale of assets.
- Waiver: No failure or delay by scented.ai to exercise any right or remedy shall constitute a waiver of that right or remedy.
- Force Majeure: scented.ai shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, natural disasters, pandemic, war, civil unrest, or governmental action.
Contact Information
- Primary Contact Method: Users who have questions, concerns, or feedback are encouraged to reach out to us via email.
- Email Address: support@scented.ai
- Data Controller: Scented.ai is operated by Evgenii Razinkov pr Novi Sad, Mite Ružića 2, Novi Sad, Serbia (matični broj: 67620046; PIB: 114493269).